Abused in foster care or a group home? You may have a case in California

If you were sexually abused in a foster home, a group home or a residential treatment program in California, you may be able to bring a foster care abuse lawsuit, even many years later. You were placed there for your protection. The adults and agencies responsible for that placement had a duty to keep you safe, and the law holds them to it.

This guide explains who can be held responsible, what the deadlines are as of October 2026, what courts and juries have done in reported California cases, how a new 2026 law affects foster care, and what you can do now. It is general information, not legal advice. You do not have to have every detail figured out to ask questions.

Key facts at a glance

Your rights in care	The right "to be free from physical, sexual, emotional, or other abuse" (Welfare and Institutions Code § 16001.9(a)(2))
Who may be responsible	Foster parents, foster family agencies, group home and STRTP operators, the county child welfare agency
Deadline, abuse since Jan. 1, 2024	None (Code of Civil Procedure § 340.1)
Deadline, earlier abuse	Generally age 40, or a set period after discovering the injury
Six-month government claim	Not required for childhood sexual assault (Government Code § 905(m))
To report a problem now	State Foster Care Ombudsperson, 1-877-846-1602 (weekdays 8 a.m. to 5 p.m.)

Who can be held responsible for abuse in foster care?

Foster care involves several layers of adults, and more than one may share responsibility.

The person who committed the abuse

A foster parent, another adult in the home, a group home worker or a contractor can be sued directly. A criminal case is not required, and a civil case can go forward whether or not charges were ever filed.

Foster family agencies

Many foster homes in California are certified through private foster family agencies, not the county directly. These agencies screen, train and monitor the families they approve. If an agency skipped required steps, such as a full home study or proper interviews, or ignored warning signs, it can be liable. In a Sonoma County case decided in December 2023, a jury awarded about $25 million to three siblings abused by a foster father and found the agency 60 percent responsible, according to The Imprint. The children's lawyer argued the agency had violated state licensing rules; the agency disputed that and planned to appeal.

Group homes and residential treatment programs

Older children and teenagers are often placed in short-term residential therapeutic programs (STRTPs), a category created under AB 403 in 2017. In 2021, ABC 10News reported state data showing more than 400 licensed STRTPs. Operators are responsible for hiring, supervision and staffing. In May 2026, Hoodline reported that a claim had been filed with Los Angeles County alleging that staff at a Chatsworth youth home sexually abused at least two teenage boys placed there; police opened an investigation, and the county said those involved were contractors who no longer worked at the site. Those are allegations, not findings.

The county

County child welfare agencies place children, approve or oversee placements, and visit them. California gives social workers broad immunity for many discretionary decisions, but, as a 2025 Daily Journal analysis explains, counties can still be held liable when they fail to carry out mandatory duties to investigate, report and protect. Whether a duty was mandatory or discretionary is often the central fight in these cases, which is why the specific facts and records matter.

Federal civil-rights claims

When the state takes a child into custody, it takes on some responsibility for that child's safety. The federal appeals court for California recognized in Henry A. v. Willden (2012) that foster children can bring civil-rights claims under 42 U.S.C. § 1983 when officials act with "deliberate indifference" to a "known and obvious danger." These claims are harder to win than ordinary negligence claims, individual officials can raise qualified immunity, and federal deadlines are generally much shorter than California's childhood abuse deadlines. A lawyer can tell you whether a federal claim adds anything to your case.

How long do I have to file a foster care abuse lawsuit in California?

The same rules that apply to all childhood sexual abuse apply in foster care. Our guide to the childhood sexual abuse statute of limitations covers them in depth. In brief:

• Abuse on or after January 1, 2024: no deadline.
• Abuse before 2024: generally until age 40, or within a set period after you discovered that an adult psychological injury was caused by the abuse, whichever is later. That discovery period is five years under the rule in effect on December 31, 2023; SB 577, signed September 30, 2026, shortens it to three years.
• No six-month government claim for childhood abuse. Under Government Code § 905(m), you can sue a county directly for childhood sexual assault without first filing the claim most county lawsuits require.
• Abuse at 18 or older: young adults who stay in extended foster care after 18 fall under the adult rules. A revival window for some adult claims closes December 31, 2026 (see our AB 2777 guide), and claims against a county for adult abuse may need a government claim within six months.

Do not assume a long deadline means you can wait. In January 2026, a Los Angeles judge sent dozens of private foster care abuse lawsuits back onto a trial track and warned that delays in the county's global settlement will not pause statutory deadlines.

What SB 577 means for foster care survivors

SB 577 (Chapter 971, Statutes of 2026) was written with schools, juvenile facilities and foster care in mind. According to the chaptered text:

• Survivors 40 or older who sue a public entity, in cases filed on or after January 1, 2026, must prove by "clear and convincing" evidence that the entity knew of misconduct and failed to take reasonable steps, and that it negligently failed to carry out a mandatory duty. This does not apply to private foster family agencies or group home operators as such.
• Treble damages for a cover-up are not available against public entities.
• Starting July 1, 2028, licensed residential facilities must be placed on "enhanced monitoring" for at least 12 months after two or more credible allegations in a year, or one substantiated allegation, of sexual abuse, grooming, exploitation or retaliation.
• The State Foster Care Ombudsperson must develop a plan to strengthen protections for youth at risk of sexual abuse or trafficking, as The Imprint reported.

How these changes apply to a particular case depends on dates and the type of defendant, so talk to a lawyer before relying on any timeline.

Reported results in California foster care abuse cases

These are cases reported by news outlets. They were handled by other firms, not LaCour.

Los Angeles County's 2025 settlements of juvenile facility and foster care abuse claims, totaling more than $4.8 billion, covered only the claims already in them. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.

What to do now

1. If a child is in danger now, call 911 or your county's child abuse hotline. A foster youth can also contact the State Foster Care Ombudsperson at 1-877-846-1602. State law protects foster youth from threats or punishment for making complaints.
2. Write down your placements: homes, group homes, cities, approximate years, agency names and social workers you remember.
3. Collect records you already have: court papers, letters, school and medical records. Former foster youth can ask the juvenile court for their case file; a lawyer can help with that request.
4. Note when you connected the abuse to the harm, such as a therapy session, because that date can control your deadline.
5. Do not sign anything from an agency, insurer or recruiter before talking to a lawyer, and never accept money to file a claim.

You can file as Jane or John Doe; see our guide to filing as Jane Doe. If you were abused by a teacher or coach while in care, see also our guides to school district abuse and youth sports and camp abuse.

How LaCour handles these cases

LaCour Trial Lawyers is a partner-led trial firm with offices across California and Spanish-speaking lawyers and staff. We do not pay for or solicit claims, you set the pace, and there is no fee unless there is a recovery. Learn about our sexual abuse practice or request a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.